Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information in the Government’s report detailing the various legislative measures aimed at strengthening protection against discrimination, including the Employment Act (Act No. 387/1996), the Labour Code (Act No. 65/1965, as amended), and the new law on complaint mechanisms (Act No. 152/1998). It also notes that the Ministry of Labour, Social Affairs and Family is responsible for supervising compliance with the labour laws and the Convention, and that the National Labour Office is in charge of labour inspection. The Committee asks the Government to keep it informed on the measures taken by the Ministry to apply the Convention in practice, any discrimination claims brought under Act No. 152/1998, and the results of labour inspections conducted by the National Labour Office.

2. The Committee notes from the report of the UN Committee on the Elimination of Discrimination against Women (CEDAW) that in March 1996 a Coordination Committee for the Problems of Women was established, composed of representatives of the National Council, various ministries, non-governmental organizations, trade unions and others (A/53/38/Rev.1 of 30 June 1998). It notes also that the Coordination Committee devised a national action plan for women in compliance with the Beijing Platform of Action. The Committee notes the legal framework aimed at promoting gender equality, including the Labour Code, but also notes the statement of the Government’s representative to CEDAW of existing inequalities in employment, including in hiring opportunities and terms and conditions of employment. In this context, it notes CEDAW’s concern regarding the overemphasis on legislative protection and cultural promotion of traditional roles for women, such as the increase in the number of "household management schools", and the highly segregated labour market with men and women in different employment sectors. The Committee asks the Government to provide information on the measures taken and contemplated to facilitate the access of women to a wide range of occupational training and employment opportunities, including statistical information on labour market participation disaggregated by sex, sector and occupation.

3. With reference to its previous request for further information on the measures taken to ensure equality of opportunity and treatment for minority groups, including the Hungarian minority, the Committee notes the adoption of Act No. 184/1999 on National Minorities’ Languages. It notes also from the Government’s report to the UN Committee on the Elimination of Racial Discrimination (CERD) that the post of Deputy Prime Minister of Human Rights, National Minorities and Regional Development was created in 1998, and a Commissioner for Addressing Roma Minority Issues was appointed in March 1999. In this respect, the Committee notes that CERD expressed concern regarding discrimination against members of the Roma community, including with regard to access to opportunities for recruitment and employment, and regarding the high level of drop-out rates among Roma children. The Committee requests the Government to provide statistical and other information on measures taken or contemplated to ensure the application of the Convention to the Hungarian minority and the Roma, as well as to other minority groups. It also recalls its request for clarification of the terms "national minorities" and "ethnic groups" for whom certain rights are provided under articles 33 and 34 of the Constitution, and hopes that the Government will include information on this issue in its next report.

4. The Committee notes the various legislative and institutional measures aimed at providing access to employment, occupation and vocational training without discrimination as to race, skin colour, sex, religion, political opinion, social origin and national extraction. In this respect, it also notes that there is a draft of a new labour code which will strengthen existing enforcement mechanisms. The Committee asks the Government to provide statistical data and other relevant information which will allow the Committee to assess in greater detail the impact of these measures in eliminating discrimination and promoting equal opportunity in employment and occupation, and to provide a copy of the new labour law when adopted.

5. The Committee notes the information in the report indicating the Government’s cooperation with employers’ and workers’ organizations. It asks the Government to provide further information on practical aspects of this cooperation in promoting the implementation of the national policy on equality of employment and treatment, including in the private sector.